Section 1 Short title
This Act may be cited as the “Granting Remaining Applications Not Treated Efficiently or Delayed Act of 2023” or the “GRANTED Act of 2023”.
Granting Remaining Applications Not Treated Efficiently or Delayed Act of 2023
A BILL
To amend the Middle Class Tax Relief and Job Creation Act of 2012 to provide for an application for a Federal easement, right-of-way, or lease with respect to a communications facility installation to be deemed granted if not granted or denied by the specified deadline, and for other purposes.
Sec. 2 Timely consideration of applications for Federal easements, rights-of-way, and leases
In general— Section 6409(b)(3) of the Middle Class Tax Relief and Job Creation Act of 2012 (47 U.S.C. 1455(b)(3)) is amended—
in subparagraph (A), by striking “duly filed” and inserting “complete”; and
by adding at the end the following:
“(E) Deemed granted—If an executive agency fails to grant or deny a complete application by the deadline under subparagraph (A), the application shall be deemed granted on the day after such deadline.
“(F) When application considered complete; received
“(i) When application considered complete—For the purposes of this paragraph, an application to an executive agency shall be considered complete if the applicant—
“(I) has taken the first procedural step within the control of the applicant to submit such an application in accordance with the procedures established by the executive agency for the review and approval of such an application; and
“(II) has not received a written notice from the executive agency within 30 days after the date on which the application is received by the executive agency—
“(aa) stating that all information (including any form or other document) required by the executive agency to be submitted for the application to be considered complete has not been submitted; and
“(bb) identifying the information required to be submitted that was not submitted.
“(ii) When complete application considered received—For the purposes of this paragraph, a complete application shall be considered received—
“(I) except as provided in subclause (II), on the date on which the applicant submits to the executive agency all information (including any form or other document) required by the executive agency to be submitted for the application to be considered complete; or
“(II) in the case of an application with respect to which all such information is not submitted and that is considered complete under clause (i) because the applicant has not received a written notice from the executive agency within the period described in such clause, on the day after the last day of such period.”
Applicability— The amendments made by subsection (a) shall apply with respect to any application under subsection (b) of section 6409 of the Middle Class Tax Relief and Job Creation Act of 2012 (47 U.S.C. 1455) that is received by an executive agency (as defined in subsection (d) of such section) on or after the date of the enactment of this Act.